PFT Tech., LLC v Wieser, 2015 NY Slip Op 04623 [129 AD3d 688]

June 3, 2015

Appellate Division, Second Department

[*1]

PFT Technology, LLC, Plaintiff/Counterclaim Defendant-Respondent,

v

Robert Wieser, Defendant/Counterclaim Plaintiff-Appellant, et al., Additional Counterclaim-Defendants.

Dorsey & Whitney LLP, New York, N.Y. (Christopher G. Karagheuzoff and Daniel P. Goldberger of counsel), for defendant/counterclaim plaintiff-appellant.

McCarter & English, LLP, New York, N.Y. (Joseph R. Scholz of counsel; William D. Wallach on the brief), for plaintiff/counterclaim defendant-respondent.

In an action, inter alia, to recover damages for breach of fiduciary duty and for the judicial dissolution of the subject limited liability company, the defendant/counterclaim-plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated July 1, 2013, as denied his motion for summary judgment on the fourth counterclaim for reimbursement and advancement of legal expenses.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of a subsequent order of the Supreme Court, Nassau County, dated February 20, 2014, made upon renewal, and this Court’s determination of the appeal and cross appeal therefrom ( see PFT Tech., LLC v Wieser , 129 AD3d 689 [2015] [decided herewith]). Rivera, J.P., Dickerson, Cohen and Barros, JJ., concur..